Activities of Sergey LAGODINSKY related to 2021/2180(INI)
Legal basis opinions (0)
Amendments (12)
Amendment 6 #
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that respect for the rule of law entails compliance with EU primary and secondary law, and with the core principle of the primacy of EU law; calls on the Commission to closely monitor the rulings of national courts regarding the primacy of EU law over national constitutional norms and to promote a systematic dialogue between national courts and the CJEU on issues of potential conflict;
Amendment 23 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes that it is crucial to guarantee the rule of law, access to justice and functioning of the institutions also in exceptional circumstances; highlights that proper scrutiny on governments’ decisions by all relevant institutions during and after the decision process, but also by external investigations on these decisions and their application, shall be considered as central elements to the Rule of Law, including during times of crisis;
Amendment 27 #
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the COVID-19 pandemic has also shown that high levels of digitalisation have increased the resilience and efficiency of justice systems in accelerating judicial procedures; agrees with the Commission that digitalisation should be fostered and investment in human and financial resources prioritised in some Member States in order to increase the efficiency of their justice systems; welcomes the fact that digitalising the public administration and the judiciary is a priority in many Member States’ Recovery and Resilience Plans, with the aim of strengthening the rule of law and the fundamental rights guarantees in the Union, particularly by facilitating access to justice; notes that such efforts should not hamper procedural rights of suspects or parties, including the right of defence or principle of equality of arms; welcomes the fact that digitalising the public administration and the judiciary is a priority in many Member States’ Recovery and Resilience Plans; highlights the growing importance of complaint-and- redress mechanisms put in place in relation to the digital market sphere, implying the need for judicial institutions to be properly staffed, trained and involved in order to be able to render decisions on technical matters within a short timeframe;
Amendment 30 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Insists on the crucial importance of ensuring a strict implementation of the Rule of Law in the digital public and private space; warns against the use of algorithm-based tools in the judicial system and requires the sovereign discretion of judges and decision-making on a case-by-case basis to be upheld; calls on the Commission to impose a ban on the use of AI and related technologies for proposing judicial decisions, and a ban on any processing of biometric data, including facial images, for law enforcement purposes that leads to mass surveillance in publicly accessible spaces; further stresses that no AI system used by law enforcement or the judiciary should be enabled to harm the physical integrity of human beings, nor to distribute rights or impose legal obligations on individuals;
Amendment 45 #
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. To this regard, considers that the reports should go beyond a static annual snapshot and include any relevant information in the country chapters about the state of the rule of law, including on relevant antecedents and the political context in which new developments take place, so as to enable an accurate, dynamic and integral assessment of the de jure and de facto independence of judicial systems, including the independence of lawyers and the legal profession;
Amendment 58 #
Draft opinion
Paragraph 10
Paragraph 10
10. Welcomes the opinion of the Advocate General of the CJEU of 2 December 2021 to dismiss the action for annulment lodged by Hungary and Poland in March 2021 against Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget1 ; applauds the continued, thorough and consistent defence by the CJEU of the rule of lawsks the Commission to include in the report a distinctive part with an analysis of cases where breaches of the principles of the rule of law in a particular Member State could affect or seriously risk affecting the sound financial management of the Union budget in a sufficiently direct way; _________________ 1 Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget, OJ L 433 I, 22.12.2020, p. 1.
Amendment 62 #
Draft opinion
Paragraph 11
Paragraph 11
11. Considers that the language of the horizontal part of the Report is inadequate as regards the systematic character of the attacks on the independence of justice systems in Hungary and Poland; reiterates its calls on the Commission to provide a meaningful and easily readable comparison between the different national justice systems as regards the situation of the rule of law and to highlight where best practices for comparable systems might be applied and how similar deficiencies could be addressed;
Amendment 64 #
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Welcomes the fact that the 2021 Report contains again separate national chapters attempting to lay down a common methodology; calls however on the Commission to mention potentially applicable tools immediately next to each country-specific recommendation;
Amendment 67 #
Draft opinion
Paragraph 12
Paragraph 12
12. Urges the Commission, furthermore, to make robust use of its toolkit, including infringement procedures and the conditionality mechanism, where appropriate, to quickly and efficiently address any backsliding on the rule of law in national justice systems; urges the Commission to ensure an immediate and adequate response to a refusal to implement and respect CJEU judgments, such as court actions under Article 260 TFEU; calls on the Commission to formally trigger the applicable procedures against any Member State responsible of breaches of the Rule of Law, notably the procedure provided under Article 6(1) of the Conditionality Regulation, inter alia by sending a written notification to the relevant Member State;
Amendment 74 #
Draft opinion
Paragraph 13
Paragraph 13
13. Urges the Council to resume all pending procedures under Article 7(1) TEU, ensuring that hearings under Article 7(1) TEU also address new developments, and to inform Parliament thereof; underlines that any further delaying of such action would amount to a breach of the rule of law principle by the Council itself;
Amendment 77 #
Draft opinion
Paragraph 14
Paragraph 14
14. Recalls the important role of journalists and civil society in raising the alarm about, and drawing attention to, any breaches of the rule of law, including with regard to the proper functioning of justice systems, and calls for them to be given enhanced protection against intimidation or violence; condemns the instrumental use of justice to undermine freedom of information, notably through the use of strategic lawsuits against public participation (SLAPPs) in the EU; is concerned that an increasing number of Member States adopt measures which severely constraint the freedom of association and expression for civil society organisations, thus contributing to shrinking space for civil society; also condemns the instrumental use of justice to undermine freedom of information, notably through the use of strategic lawsuits against public participation (SLAPPs) in the EU; calls on the Commission to meet civil society alongside with national authorities during country visits online and offline, and to take their contributions seriously into account;
Amendment 83 #
15. Similarly, recalls the role of whistleblowers in denouncing breaches of the rule of law and the need to protect whistleblowers according to the minimum protection rules enshrined in Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law;